Gibson v. Cunningham
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. Chas. G. Burton, Judge. (1) The evidence of witnesses, Kincaid, Moss and Wells, was incompetent and should not have been admitted against the objections of the defendants. It did not tend to prove any issue made by the pleadings. It is true plaintiff charged that he had been overreached and swindled, but nowhere in the petition does he intimate that the advantage gained over him was on account of his own imbecility.
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Appeal from Vernon Circuit Court. — Hon. Chas. G. Burton, Judge. (1) The evidence of witnesses, Kincaid, Moss and Wells, was incompetent and should not have been admitted against the objections of the defendants. It did not tend to prove any issue made by the pleadings. It is true plaintiff charged that he had been overreached and swindled, but nowhere in the petition does he intimate that the advantage gained over him was on account of his own imbecility. No such issue was tendered. He did not attempt to stultify himself in his petition, and should not have been permitted to do so in his…
1Opinion of the Court
Noktost, C. J,
The petition in this case alleges that in March, 1883, the defendants, with a view to obtaining ownership and possession of plaintiff’s farm, by means of false and fraudulent representations, induced plaintiff to enter into partnership with them, under the firm name of L. A. Cunningham & Company, in conducting a mercantile business as dealers in hardware, furniture and tinware, in Schell City, Missouri; that. *133defendants falsely and fraudulently represented to him that the said business (in which defendants were then engaged at Schell City), made them a net profit of six thousand…
2Cited by1 opinion
- State ex rel. Lane v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1892